Under what conditions will a term or condition of the Mrcool agreement be severed?
Mrcool Franchise · 2025 FDDAnswer from 2025 FDD Document
- (b) Each section of this Agreement, including each subsection and portion thereof, is severable. In the event that any section, subsection or portion of this Agreement is unenforceable, it shall not affect the enforceability of any other section, subsection or portion; and each party to this Agreement agrees that the court may impose such limitations on the terms of this Agreement as it deems in its discretion necessary to make such terms reasonable in scope, duration and geographic area.
Source: Item 23 — RECEIPTS (FDD pages 55–263)
What This Means (2025 FDD)
According to Mrcool's 2025 Franchise Disclosure Document, each section of the agreement, including each subsection and portion thereof, is severable. If any section, subsection, or portion of the agreement is deemed unenforceable, it will not impact the enforceability of any other section, subsection, or portion.
Furthermore, the agreement states that the court may impose limitations on the terms of the agreement if it deems necessary to make such terms reasonable in scope, duration, and geographic area. This means that a court has the power to modify specific terms rather than invalidate the entire agreement.
This clause protects the overall validity of the Mrcool franchise agreement by ensuring that if one part is found to be unenforceable, the rest of the agreement remains in effect. This is a fairly standard clause in franchise agreements, designed to maintain the contractual relationship between the franchisor and franchisee to the greatest extent possible.